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DEED OF TRUST Page 2
<br />200206189 (Continued)
<br />peed of Trust. The words 'Deed of TrusP mean this Deed of Trust among Grantor. Lender and Trustee.
<br />Grantor. The word'Granlor means any and all persons and entities executing this Deed of Trust. Any Grantor who signs this Dead of Trust, but
<br />does not sign the Credit Agreement. i5 signing this Dared of Trust only to grant and convey that Grantor's interest in the Real Properly and to grant
<br />e security interest In Grantor's interest in the Personal Property to Lender and is not personally liable under the Credit Agreement except as
<br />omerwse pro ided by contract or law.
<br />Improvements. The word 'Improvements' means and includes without limitation all existing and future improvements, fixtures, buildings,
<br />structures, mobile homes amxed on the Real Prop", families, additions and other construction on the Reel Property.
<br />Indebtedness. The word Indebtedness" means all principal and interest payable under the Credit Agreement and any amounts expended or
<br />advanced by Lender to discharge obligations of Grantor or expenses incurred by Trustee or Lender to enforce obligations of Grantor under ins
<br />Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Specifically, without limitation, this Deed of Trust
<br />pecures a revolving line of credit, which obligates Lender to make advances to Grantor as long as Grantor compiles with all the terms of
<br />.the Credit Agreement. Such advances may be made, repaid, and remade from time to time, tabled to fie limitation that the total
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<br />-'outstanding balance owing at any one time, not including finance charges on such balance at a axed Ir variable rate or team ss provided
<br />In the Credit Agreement, any temporary averages, other charges, and any amounts expended or advanced as provided In this paragraph,
<br />shell not exceed the Credit Limit as provided in the Credit Agreement. Notwithstanding the amount outstanding at any particular time,
<br />this Deed of Trust secures the total Credit Agreement amount shown above. The unpaid balance, of the revolving line of credit may at
<br />mrsen !Imes be lower than the amount shown or zero. A zero balance does not terminate the line of credit or terminate Lenders
<br />obligation to advance funds to Grantor. Therefore, the lien of this Deed of Trust will remain In hilt form and effect notwithstanding any
<br />=to balance.
<br />Lease. The word lease' means any lease between Grantor and the Lessor of the Property.
<br />Lender. The word 'Lender' means NAFCO NE Federal Credit Union, its successors and assigns.
<br />Personal Property. The words 'Personal Pmpery^ mean all equipment, fixtures, and other articles of personal property now or nereafte' owned
<br />by Grantor, and now or hereafter attached or affixed to the Real Property; together witn all accessions, parts, and additions to, an raplacrements of,
<br />and all substitutions for, any of such property; and together wiln all proceeds (including without limitation all insurance proceeds and refunds of
<br />Premiums) from any sale or other disposition of the Property.
<br />Property. The word 'Proper y' means collectively the Real Property and the Personal Property,
<br />Real Property. The words "Real Property mean the property, interests and rights described above in the'Convsyance and Grant'secton.
<br />Relined Documents. The words 'Related Documents, mean and include without limitation all promissory notes, credit agreements, losn
<br />agreements, guaranties, security agreements, mongages, deeds of trust, and all other instruments and documents, whether now or hereafter
<br />mstng, executed in connection with Grantors Inbebledness to Lentler.
<br />Trustee. The word —I uslee' means the entity shown at the top of page one of this Deed of Trust.
<br />THIS DEBTEDNESS AND (2) PERFORMANCE OF EACH AGREEMENT AND OBLIGATION OF GRANTOR X UNDER THE CREDIT AGREEMENT, THE
<br />RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />d. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this
<br />Deco of Trust as they become due. and shall strictly and in a timely manner perform all of Grantor's obligations under the LOANLINERM Hoare Equity
<br />Plan Credo Agreement and this Deed of Trust.
<br />a. POSSESSION AND MAINTENANCE OF THE PROPERTY, Grantor agrees that Grantor's possession and use of the Properly shall de governed by
<br />the following provisions:
<br />Possession and Use. Until the Occurrence of an Even' of Default, Grantor may (a) remain in possession and control of the Properly, (b) use,
<br />Operate or manage the Property, and (c) collect any Rents from the Property.
<br />Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs and mainlemmm, necessary to
<br />preserve its value.
<br />Hazardous Substances. Grantor represents and warrants that the Property never has been, and never will be so long as this Deed of Trust
<br />remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any haairdous
<br />waste or substance, as those terms are defined In the Comgrehensive Environmental Response, Compensation and Liability Act Of 1980, as
<br />amended, 62 U.S.C. Section 9601, at seq. FCERCLA'), the Superfund Amendments and Reauthodzalion Act ('SARA'), applicable slate on Federal
<br />laws. or regulations adopted pursuant to any of the foregoing. Grantor authorizes Lender and Its agents to enter upon the Property to make such
<br />inspections and lasts as Lender may deem appropriate to determine compliance of the Property with this section of the Dead of Trust. Grantor
<br />hereby (a) releases and waives any future claims against Lender for indemnify or contnbulion in the event Grantor becomes liable for cleanup or
<br />other costs under any such laws, and (b) agrees to indemnity and hold harmless Lender against any and all claims and losses resulting from a
<br />breach of this paragraph of the Deed of Trust. This obligation to Indemnify Shall survive ins payment of the Indebtedness and the satisfaction of
<br />this Deed of Trust.
<br />Nuisance, Waste. Grantor shall not douse, conduct or permit any nuisance nor commit, permit, or suffer any stripping of r waste on or to the
<br />Property or any portion of the Property. Specifically without limitation, Grantor will not remove, or grant to any other party the right to remove, any
<br />timber, minerals ( including oil and gas), soil, gravel or rock product without line prior wdfien consent of Lender.
<br />Lender's Right to Enter. Lender and its agent and representatives may enter upon the Real Property at all reasonable limes to attend to
<br />Lender's interests and to inspect the prop" for purposes of Grantor's compliance with the terms and coma coup of this Deed of Trust.
<br />Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordlesocee, and regulations of all governmental
<br />amhodties applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance, or regulation and
<br />withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing pnor to doing so and
<br />se long as Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond,
<br />reasonably satisfactory to Lender, to protect Lender's inlerest.
<br />Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all other acts, in addition to those acts
<br />set Lorin above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property.
<br />5. COMPLIANCE WITH LEASE. If mere is a Lease on the Property. Grantor will pay all rents and will sthclly observe and perform on a timely basis alt
<br />other terms, covenant, and conditions Of the Lease. Grantor further agrees (a) not to surrender, torminale, or cancel the Lease, and (b) not to
<br />modify, change, supplement. alter or amend the Lease . eithvr orally or in writing, without lenders prior written consent. No eslate in the Property,
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